basis. When the Contractor is required to open or close reefer plugs more than once in any four-hour shift because of a change in orders or type of cargo, he shall be compensated therefor on the basis of 15 minutes detention time for men in gangs, including equipment drivers and gang foremen.

f. Docking, Undocking and Shifting of Vessels. The Contractor shall, when requested by the Contracting Officer, furnish men to handle lines for docking, undocking and shifting of vessels, and the Government shall compensate the Contractor therefor on an extra-labor basis.

g. Shifting Barges, Lighters, Scows, and Car Floats. Barges, lighters, scows, and car floats will be placed alongside the vessel without cost to the Contractor. When they are shifted from hatch to hatch, the Contractor shall do so at his own expense unless operational conditions make movement by ship's gear impracticable in which event the operation shall be at the expense of the Government.

h. Gear Supplied by Government. The Government, at its own expense, shall furnish and maintain in good working order the following: blocks on booms, booms, heavy lift cranes, wire and rope falls rigged, gantlines rigged on booms, hatch tents, lighters and floating derricks, lights on wharves and vessels, pallet boards, power and steam necessary, preventers on booms, and winches. Floating derricks and heavy lift cranes will not be used when, in the opinion of the Contracting Officer, the ship's equipment can be used satisfactorily.

i. Gear Supplied by Contractor. The Contractor shall perform an efficient stevedoring operation and, except as provided in paragraphs h and 1 of Clause 1, shall at his own expense, furnish all necessary and proper gear, including the following: ammunition gear (when handling ammunitions and explosives), roller conveyors, hooks, cargo nets, save-all nets, rollers, skids, chain slings, wire and rope slings (except heavylift slings used in connection with shore or floating heavy-lift cranes), drag lines, spreaders, hand trucks, machinery dollies, trailers, lift trucks, tractors, and tractor cranes (up to 5-ton lifting capacity); provided, however, that the Contractor shall be compensated for furnishing mobile equipment in accordance with the applicable schedule in Clause 2, whenever such equipment is furnished in connection with services performed on an extra-labor basis.

j. Rental of Mobile Equipment. (1) The Contractor, when directed by the Contracting Officer to supply extra-labor services, shall upon request of the Contracting Officer also supply and maintain the necessary mobile equipment to the extent available, and the Contractor shall be compensated therefor at the rates set forth in the applicable schedule of Clause 2.

(2) Upon request, the Government will supply mobile equipment, if available, to the Contractor, and the Government shall

be compensated therefor at the rates set forth in the applicable schedule of Clause 2.

(3) If the Government supplies mobile equipment to the Contractor for use in performing extra-labor services, no charge shall be made by the Government for the use of such mobile equipment.

k. Transportation of Gear by Contractor. The Contractor will transport his own gear and equipment when necessary at his own expense, except transportation of said gear and equipment shall be at Government expense when the vessel is loading or unloading in stream or at any other location inaccessible to trucks.

1. Tiering. If cargo on the pier or in the cargo assembly area (as defined in Clause 1b (4)) is beyond the reach of the Contractor's equipment, the Government will break it down at the place of tiering so that it can be handled by the Contractor's equipment. No charge will be made by the Contractor for removing cargo from piles within the reach of his equipment. The tiering of cargo above reach of the Contractor's equipment will be at Government expense. When the Contractor is required to break down cargo tiered above the reach of his equipment or to tier cargo beyond the reach of his equipment, the Government will compensate the Contractor therefor on an extra-labor basis.

m. Dunnage. The loading, shifting within the same hatch, and laying of all dunnage (including cordwood, tarpaulins, matting and reefer stripping) necessary to properly stow and secure the vessel's cargo, and reverse the operation when discharging the vessel's cargo, is included in the basic commodity rate.

n. (1) Lashing and Securing. The Contractor shall, at his own expense, lash and secure all cargo below deck when loaded on a commodity-rate basis, as directed by the Contracting Officer. Lashing and securing of cargo below deck which was loaded on an extra-labor basis and the lashing of all ondeck cargo will be done at extra-labor rates. The Government will supply lumber, wire, turnbuckles, and other equipment as may be required for dunnaging, securing, and shoring cargo in all instances.

(2) Unlashing and Unsecuring Cargo. When cargo is discharged on a commodityrate basis the Contractor shall, at his own expense, unlash all cargo on deck and below deck and shall remove all tomming, chockings, tank beds, and all types of double dunnage flooring, except false decks, as directed by the Contracting Officer. The unlashing and unsecuring of cargo on deck and below deck, if discharged on an extra-labor basis, will be done at extra-labor rates.

(3) Carpenter Work, Welding and Burning. All necessary carpenter work and welding and burning shall be at the expense of the Government.

o. Tonnage Figures and Invoices. The weight ton referred to in this contract is a ton of 2240 pounds, and the measurement ton is a ton of forty (40) cubic feet. Where rates are provided on both a weight and

measurement basis, the Contractor shall be paid on the basis of a manifested ton, whichever produces the greater tonnage, the weight ton of 2240 pounds or the measurement ton of forty (40) cubic feet. The maximum measurement tonnage upon which compensation is to be computed for any manifested item of cargo excluding that cargo classified as Item 11, General Cargo, will be four (4) measurement tons for each weight ton, and the maximum tonnage either weight or measurement, upon which compensation is to be computed for any single lift shall be one hundred fifty (150) tons. The Government will furnish the Contractor a breakdown of cargo loaded or discharged according to the commodity list, at the option of the Contracting Officer, manifests will be furnished. Invoices for each vessel loaded or discharged will be submitted by the Contractor not later than ten (10) days after receipt of tonnage figures or manifests. Progress payments for services performed on each vessel may be made upon approval of the Contracting Officer, provided that such progress payments shall not exceed 90% of the direct labor cost to the Contractor of the services upon which payment is made, which cost shall be determined from evidence submitted by the Contractor and which must be such as to be satisfactory to the Contracting Officer. No services will be paid for by the Government other than those specifically enumerated herein and provided for in the rate schedule of this contract or elsewhere in this contract.

p. Hardship (Unusual Conditions). If the Contracting Officer determines that due to unusual vessel, dock, or cargo conditions, the loading or unloading of any particular cargo at the basic commodity rates will work a hardship upon the Contractor, he may so certify in writing (in advance, if possible) and authorize the compensation to the Contractor for loading or unloading such cargo at the extra-labor rates set forth in the applicable schedule in Clause 2. Unusual conditions will include, but not be limited to, inaccessibility of ship's cargo gear to place of stowage, side port operations, and small quantities of cargo in any one hatch.

q. Detentions. (1) Detention (sometimes referred to as "standby time" or "waitingtime") is defined as time lost as a result of the stoppage, or inability to start, of loading or discharging of cargo due to causes beyond the control and without the fault or negligence of the Contractor, including, but not limited to, a breakdown of the vessel's equipment or Government-furnished gear, bad weather, non-readiness of the vessel, non-arrival of cargo or non-availability of equipment required to be furnished by the Government.

(2) When cargo is worked on a commodity rate basis the Contractor shall, without limitation, absorb each detention of

minutes or less; but the Government shall pay the Contractor at detention rates for men in gangs, including equipment drivers

utes of each detention and will pay the Contractor on a detention rate basis for all time of each detention except the first . minutes.

(4) Minimum time is defined as the time in addition to time actually worked for which the Contractor is required to pay his employees to comply with minimum time requirements of labor agreements applicable to the Contractor and his employees. The Government shall pay the Contractor for minimum time at detention rates.

(5) If any detention or minimum time as defined in preceding subparagraphs (1) and (4) is due to the fault of the Contractor or the failure of the Contractor to comply with proper instructions of the Contracting Officer the entire time resulting therefrom shall be at the expense of the Contractor.

T. Extra Labor. The Contractor shall, when directed by the Contracting Officer, supply extra labor for miscellaneous services when not occasioned by the negligence of the Contractor, and shall be compensated therefor on an extra-labor basis. Among the miscellaneous services for which such extra labor may be required, but not by way of limitation, are the following: ammunition handling (when commodity rate does not apply); cleaning vessel's holds and decks; handling excess dunnage and debris; handling mail and baggage, rehandling, removing or shifting cargo; removing or securing tank lids when secured by more than four bolts for each lid; handling ship's stores and material.

s. Overtime Rates. The Contractor shall order out men for overtime work only with the approval of the Contracting Officer. When approved by the Contracting Officer, and in accordance with such approval, the Contractor shall be paid for all overtime services, in addition to the applicable commodity rates, or man-hour rates, at the overtime differential rates set forth in the applicable schedules of Clause 2. Overtime periods will be determined in accordance with the prevailing collective bargaining agreements applicable to the Contractor and his employees.

t. Penalty Rates. Except where the applicable commodity rates or man-hour rates expressly include cargo penalties, the Contractor shall be compensated for penalties, where payable under applicable collective bargaining agreements, at the rates set out in the penalty rate schedule of Clause 2.

u. Traveling Time. When the Contractor is required to pay traveling time to the men employed, the Contractor shall be compensated therefor at the rates specified in the applicable schedule of Clause 2.

v. Transportation of Men and Other Allowances. When the Contractor is required by applicable collective bargaining agreements to pay allowances for subsistence, quarters, and rail, bus, or boat fares in transporting the men employed, the Contractor shall be compensated therefor at the rates specified in the applicable schedule of Clause 2, or, if the contract contains no such schedule, at the actual out-of-pocket cost to the Contractor.

w. Income for Handling Lighters, Cars, etc. Any and all income derived from sources other than provided for in this contract for the handling of cargo direct to or from lighters, barges, scows, trucks, and railroad cars, and to or from ships under this contract, will be for the account of the Contractor and shall be collected by the Contractor Collection of this income by the Contractor is reflected in the commodity rates.

CLAUSE 2. Schedule of Rates.

(Dec 1957) a. Commodity Rates. The Contractor will be compensated for services, except those specified elsewhere in this contract, at the commodity rates listed herein which are based on straighttime rates of pay only. The rates named in Columns A and B are based on normal operation involving use of ship's gear. The rates in Columns C and D are applicable when the Government furnished floating derricks and/or shore cranes for heavy lifts beyond the capacity of ship's gear and also when furnished at the request of the Contractor to expedite the handling of any cargo. The rates in Columns C and D are not applicable when Governmentfurnished floating derricks and/or shore cranes are used because ship's gear is inoperable.

b. Same as above, unboxed.

b. Same as above, unboxed.

e. Fabricated (see Note 2).

14. a. Pipe, all types (6" in diameter or under).

b. Pipe, all types (over 6" in diameter).

Cranes from 10 to 20 tons with operator and oiler__

Ross Lumber carriers-

Miscellaneous small gear per gang---- (2)

1 Rates per hour include fuel, lubricants, and maintenance.

Rate per gang per hour.

CLAUSE 3. Revision of Prices. (May 1960) a. The prices fixed in this contract are based on wages and working conditions established by collective bargaining agreements and on other conditions in effect on the date of this contract. Such prices may be increased or decreased in accordance with this clause.

b. Demand for Negotiation. Any time and from time to time, subject to the limitations specified in this clause, either the Government or the Contractor may deliver to the other a written demand that the parties negotiate to revise the prices under this contract. No such demand shall be made before ninety (90) days after the date of this contract, and thereafter neither party shall make a demand having an effective date within ninety (90) days of the effective date of any prior demand; provided, however, that this limitation shall not be applicable in the event that during any ninety-day period there is a "wage adjustment" as hereinafter defined. The term "wage adjustment", as used in this clause, means a change in the wages, salaries, or other terms or conditions of employment which shall substantially affect the cost of performing this contract and which shall be generally applicable to the port where work under this contract is performed and shall be applicable to operations by the Contractor on nonGovernment work as well as to work under this contract. Each demand shall specify a date (identical with or subsequent to the date of the delivery of the demand) as to which the revised prices shall be effected as to services performed thereon and thereafter. This date is hereinafter referred to as the "effective date of the price revision." Any demand under this clause, if made by the Contractor, shall state briefly the ground or grounds therefor and shall be accompanied by the statement and data referred to in paragraph c of this clause. If the demand is made by the Government, such statements and data will be furnished by the Contractor within thirty days of the delivery of the demand.

c. Submission of Data. At the time or each of the times specified or provided for in paragraph b of this clause, the Contractor shall submit (1) a new estimate and breakdown of the unit cost and the proposed prices for the services to be performed under the

contract after the effective date of the price revision itemized so far as is practicable in the manner in which the cost estimates were itemized in connection with the original negotiation of the contract; (ii) an explanation of the differences between the original (or last preceding estimate and the new estimates; (iii) such relevant operating data, cost, records, overhead absorption reports, and accounting statements as may be of assistance in determining the accuracy and reliability of the new estimates; (iv) a statement of the experienced costs of performance hereunder to the extent that they are available at the time or times of the negotiation of the revision of prices hereunder; and (v) any other relevant data usually furnished in the case of negotiation of prices under a new contract. The Government may make such examination of the Contractor's accounts, records, and books as the Contracting Officer may require and may make such audit thereof as the Contracting Officer may deem necessary.

d. Negotiations. (1) Upon the filing of the statements and data required by paragraph c of this clause, the Contractor and the Contracting Officer will negotiate promptly in good faith to agree upon prices for services to be rendered on and after the effective date of price revision. Negotiations for price revisions under this clause shall be conducted on the same basis, employing the same types of data, including, without limitation, comparative prices, comparative costs, and trends thereof, as in the negotiation of prices under a new contract: Provided, however, That if the prices in the contract were arrived at as a result of competitive negotiation, the contract prices shall not be revised upward except upon the basis of and as justified by changes in conditions occurring after the contract was entered into.

(2) After each negotiation the agreement reached will be evidenced by a supplemental agreement stating the revised prices to be effective with respect to service rendered on and after the effective date of the price revision (or such other later date as the parties may fix in such supplemental agreement).

e. Disagreements. If, within thirty days after the date on which the statements and data are required pursuant to paragraph b of this clause to be filed (or such further period as may be fixed by written agreement), the Contracting Officer and the Contractor fail to agree to revised prices, the failure to agree shall be deemed to be a disagreement as to a question of fact which shall be disposed of in accordance with clause 20 (Disputes), and the prices so fixed shall remain in effect for the balance of the contract notwithstanding any other provision of this clause.

f. Payments. Until new prices shall become effective in accordance with this clause, the prices in force at the effective date of the price revision shall be paid upon all services performed, subject to appropriate